In re Christian N. CA5

California Court of Appeal Apr 30, 2015 No. F069722Unpublished

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Holding. The court held that there was sufficient evidence to support the juvenile court's finding that the defendant committed battery, as the defendant's use of force was not justified by self-defense once the victim was incapacitated and no longer posed an imminent threat.

Issues

Whether there was sufficient evidence to sustain the finding that the defendant committed battery.
Whether the defendant's actions were justified by self-defense.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The test of sufficiency of the evidence is whether, reviewing the whole record in the light most favorable to the judgment below, substantial evidence is disclosed such that a reasonable trier of fact could find the essential elements of the crime”

Filed 4/30/15 In re Christian N. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

In re CHRISTIAN N., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F069722

Plaintiff and Respondent, (Super. Ct. No. JJD067598)

v. OPINION CHRISTIAN N.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Michael B. Sheltzer, Judge. Arthur L. Bowie, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Gregory Wagner, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Poochigian, J. and Peña, J.

On January 22, 2014, the Tulare County District Attorney’s Office filed a wardship petition under section 602 of the Welfare and Institutions Code, alleging that Christian N. committed assault by means of force likely to produce great bodily injury (Pen. Code,1 § 245, subd. (a)(4); count 1) and battery with serious bodily injury (§ 243, subd. (d); count 2), both felonies. Following a contested jurisdictional hearing, count 1 was dismissed as unproven, but Christian was found to have committed simple battery (§ 242), a misdemeanor, as a lesser included offense of count 2. Christian was placed on six months’ informal probation with various terms and conditions, including that he perform 40 hours of community service. He was also ordered to pay a $100 restitution fine. He now appeals, claiming insufficient evidence was presented to sustain the finding he committed battery. We affirm. FACTS As of January 20, 2014, three of Gina S.’s sons — David, Jonathan, and Christian — were living in her home.2 That afternoon, they all were supposed to go to specific areas of the home to clean. Christian, who was in the kitchen, and Jonathan, who was supposed to be in the living room, started arguing. Although David told them to stop, the argument continued, and Christian and Jonathan ended up in the hallway, quarreling and grappling with each other. David physically separated the two and got Jonathan to go into Jonathan’s bedroom, and Christian to return to the kitchen. David then returned to his own room,

In re Christian N. CA5

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THE PEOPLE, F069722

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